1 | 1 | | 89R11031 CJC-D |
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2 | 2 | | By: Bettencourt S.B. No. 2528 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the calculation of the petition election tax rate for |
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10 | 10 | | certain taxing units and the ability of the voters to petition for |
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11 | 11 | | an election to determine whether to reduce the ad valorem tax rate |
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12 | 12 | | adopted by those taxing units to the petition election tax rate. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. Section 5.07(f), Tax Code, is amended to read as |
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15 | 15 | | follows: |
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16 | 16 | | (f) The comptroller shall prescribe tax rate calculation |
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17 | 17 | | forms to be used by the designated officer or employee of each |
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18 | 18 | | taxing unit to calculate and submit the no-new-revenue tax rate, |
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19 | 19 | | [and] the voter-approval tax rate, and, if applicable, the petition |
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20 | 20 | | election tax rate for the taxing unit as required by Chapter 26. |
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21 | 21 | | SECTION 2. The heading to Section 26.04, Tax Code, is |
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22 | 22 | | amended to read as follows: |
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23 | 23 | | Sec. 26.04. SUBMISSION OF ROLL TO GOVERNING BODY; |
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24 | 24 | | NO-NEW-REVENUE, [AND] VOTER-APPROVAL, AND PETITION ELECTION TAX |
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25 | 25 | | RATES. |
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26 | 26 | | SECTION 3. Section 26.04, Tax Code, is amended by adding |
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27 | 27 | | Subsection (c-1) and amending Subsections (c-2), (d-1), (d-2), |
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28 | 28 | | (d-3), (e), (e-5), and (f) to read as follows: |
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29 | 29 | | (c-1) This subsection applies only to a taxing unit that is |
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30 | 30 | | a hospital district or a junior college district. In addition to |
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31 | 31 | | the tax rates an officer or employee designated by the governing |
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32 | 32 | | body of a taxing unit to which this section applies is required to |
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33 | 33 | | calculate under Subsection (c), the officer or employee shall |
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34 | 34 | | calculate the petition election tax rate for the taxing unit |
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35 | 35 | | according to the formula prescribed by Section 26.076. |
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36 | 36 | | (c-2) Notwithstanding any other provision of this section, |
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37 | 37 | | if the assessor for a taxing unit receives a certified estimate of |
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38 | 38 | | the taxable value of property in the taxing unit under Section |
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39 | 39 | | 26.01(a-1), the officer or employee designated by the governing |
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40 | 40 | | body of the taxing unit shall calculate the no-new-revenue tax |
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41 | 41 | | rate, the [and] voter-approval tax rate, and, if applicable, the |
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42 | 42 | | petition election tax rate using the certified estimate of taxable |
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43 | 43 | | value. |
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44 | 44 | | (d-1) The designated officer or employee shall use the tax |
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45 | 45 | | rate calculation forms prescribed by the comptroller under Section |
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46 | 46 | | 5.07 in calculating the no-new-revenue tax rate, [and] the |
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47 | 47 | | voter-approval tax rate, and, if applicable, the petition election |
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48 | 48 | | tax rate. |
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49 | 49 | | (d-2) The designated officer or employee may not submit the |
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50 | 50 | | no-new-revenue tax rate, [and] the voter-approval tax rate, and, if |
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51 | 51 | | applicable, the petition election tax rate to the governing body of |
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52 | 52 | | the taxing unit and the taxing unit may not adopt a tax rate until |
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53 | 53 | | the designated officer or employee certifies on the tax rate |
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54 | 54 | | calculation forms that the designated officer or employee has |
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55 | 55 | | accurately calculated the tax rates and has used values that are the |
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56 | 56 | | same as the values shown in the taxing unit's certified appraisal |
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57 | 57 | | roll in performing the calculations. |
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58 | 58 | | (d-3) As soon as practicable after the designated officer or |
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59 | 59 | | employee calculates the no-new-revenue tax rate, [and] the |
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60 | 60 | | voter-approval tax rate, and, if applicable, the petition election |
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61 | 61 | | tax rate of the taxing unit, the designated officer or employee |
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62 | 62 | | shall submit the tax rate calculation forms used in calculating the |
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63 | 63 | | rates to the county assessor-collector for each county in which all |
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64 | 64 | | or part of the territory of the taxing unit is located. |
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65 | 65 | | (e) By August 7 or as soon thereafter as practicable, the |
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66 | 66 | | designated officer or employee shall submit the rates to the |
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67 | 67 | | governing body. The designated officer or employee shall post |
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68 | 68 | | prominently on the home page of the taxing unit's Internet website |
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69 | 69 | | in the form prescribed by the comptroller: |
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70 | 70 | | (1) the no-new-revenue tax rate, the voter-approval |
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71 | 71 | | tax rate, and, if applicable, the petition election tax rate and an |
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72 | 72 | | explanation of how each of those rates was [they were] calculated; |
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73 | 73 | | (2) the estimated amount of interest and sinking fund |
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74 | 74 | | balances and the estimated amount of maintenance and operation or |
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75 | 75 | | general fund balances remaining at the end of the current fiscal |
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76 | 76 | | year that are not encumbered with or by corresponding existing debt |
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77 | 77 | | obligation; and |
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78 | 78 | | (3) a schedule of the taxing unit's debt obligations |
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79 | 79 | | showing: |
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80 | 80 | | (A) the amount of principal and interest that |
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81 | 81 | | will be paid to service the taxing unit's debts in the next year |
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82 | 82 | | from property tax revenue, including payments of lawfully incurred |
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83 | 83 | | contractual obligations providing security for the payment of the |
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84 | 84 | | principal of and interest on bonds and other evidences of |
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85 | 85 | | indebtedness issued on behalf of the taxing unit by another |
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86 | 86 | | political subdivision and, if the taxing unit is created under |
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87 | 87 | | Section 52, Article III, or Section 59, Article XVI, Texas |
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88 | 88 | | Constitution, payments on debts that the taxing unit anticipates to |
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89 | 89 | | incur in the next calendar year; |
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90 | 90 | | (B) the amount by which taxes imposed for debt |
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91 | 91 | | are to be increased because of the taxing unit's anticipated |
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92 | 92 | | collection rate; and |
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93 | 93 | | (C) the total of the amounts listed in Paragraphs |
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94 | 94 | | (A)-(B), less any amount collected in excess of the previous year's |
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95 | 95 | | anticipated collections certified as provided in Subsection (b). |
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96 | 96 | | (e-5) The governing body of a taxing unit shall include as |
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97 | 97 | | an appendix to the taxing unit's budget for a fiscal year the tax |
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98 | 98 | | rate calculation forms used by the designated officer or employee |
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99 | 99 | | of the taxing unit to calculate the no-new-revenue tax rate, [and] |
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100 | 100 | | the voter-approval tax rate, and, if applicable, the petition |
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101 | 101 | | election tax rate of the taxing unit for the tax year in which the |
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102 | 102 | | fiscal year begins. |
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103 | 103 | | (f) If as a result of consolidation of taxing units a taxing |
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104 | 104 | | unit includes territory that was in two or more taxing units in the |
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105 | 105 | | preceding year, the amount of taxes imposed in each in the preceding |
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106 | 106 | | year is combined for purposes of calculating the no-new-revenue, |
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107 | 107 | | [and] voter-approval, and, if applicable, petition election tax |
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108 | 108 | | rates under this section. |
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109 | 109 | | SECTION 4. Section 26.041, Tax Code, is amended by adding |
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110 | 110 | | Subsections (a-1), (b-1), and (c-1) to read as follows: |
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111 | 111 | | (a-1) In this subsection, "sales tax gain rate" has the |
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112 | 112 | | meaning assigned by Subsection (a). In the first year in which an |
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113 | 113 | | additional sales and use tax is required to be collected, the |
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114 | 114 | | petition election tax rate of a taxing unit that is a hospital |
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115 | 115 | | district or a junior college district is calculated according to |
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116 | 116 | | the following formula: |
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117 | 117 | | PETITION ELECTION TAX RATE = (NO-NEW-REVENUE |
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118 | 118 | | MAINTENANCE AND OPERATIONS RATE x 1.035) + (CURRENT |
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119 | 119 | | DEBT RATE - SALES TAX GAIN RATE) |
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120 | 120 | | (b-1) In this subsection, "last year's maintenance and |
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121 | 121 | | operations expense" and "sales tax revenue rate" have the meanings |
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122 | 122 | | assigned by Subsection (b). Except as provided by Subsections |
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123 | 123 | | (a-1) and (c-1), in a year in which a taxing unit that is a hospital |
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124 | 124 | | district or a junior college district imposes an additional sales |
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125 | 125 | | and use tax, the petition election tax rate for the taxing unit is |
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126 | 126 | | calculated according to the following formula, regardless of |
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127 | 127 | | whether the taxing unit levied a property tax in the preceding year: |
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128 | 128 | | PETITION ELECTION TAX RATE = [(LAST YEAR'S MAINTENANCE |
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129 | 129 | | AND OPERATIONS EXPENSE x 1.035) / (CURRENT TOTAL VALUE |
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130 | 130 | | - NEW PROPERTY VALUE)] + (CURRENT DEBT RATE - SALES TAX |
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131 | 131 | | REVENUE RATE) |
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132 | 132 | | (c-1) In this subsection, "last year's maintenance and |
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133 | 133 | | operations expense" has the meaning assigned by Subsection (c). In |
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134 | 134 | | a year in which a taxing unit that is a hospital district or a junior |
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135 | 135 | | college district and that has been imposing an additional sales and |
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136 | 136 | | use tax ceases to impose an additional sales and use tax, the |
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137 | 137 | | petition election tax rate for the taxing unit is calculated |
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138 | 138 | | according to the following formula: |
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139 | 139 | | PETITION ELECTION TAX RATE = [(LAST YEAR'S MAINTENANCE |
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140 | 140 | | AND OPERATIONS EXPENSE x 1.035) / (CURRENT TOTAL VALUE |
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141 | 141 | | - NEW PROPERTY VALUE)] + CURRENT DEBT RATE |
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142 | 142 | | SECTION 5. Chapter 26, Tax Code, is amended by adding |
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143 | 143 | | Sections 26.064 and 26.076 to read as follows: |
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144 | 144 | | Sec. 26.064. ALTERNATE PROVISIONS FOR TAX RATE NOTICE WHEN |
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145 | 145 | | ADOPTED RATE EXCEEDS PETITION ELECTION TAX RATE. (a) This section |
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146 | 146 | | applies only to a taxing unit: |
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147 | 147 | | (1) that is a hospital district or a junior college |
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148 | 148 | | district; |
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149 | 149 | | (2) that is required to provide notice under Section |
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150 | 150 | | 26.06(b-2) or 26.061; and |
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151 | 151 | | (3) for which the adopted tax rate exceeds the |
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152 | 152 | | petition election tax rate. |
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153 | 153 | | (b) In the notice required to be provided by the taxing unit |
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154 | 154 | | under Section 26.06(b-2) or 26.061, as applicable, the taxing unit |
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155 | 155 | | shall: |
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156 | 156 | | (1) add the following to the end of the list of rates |
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157 | 157 | | included in the notice: |
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158 | 158 | | "PETITION ELECTION TAX RATE $__________ per $100"; |
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159 | 159 | | (2) substitute the following for the definition of |
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160 | 160 | | "voter-approval tax rate": "The voter-approval tax rate is the |
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161 | 161 | | highest tax rate that (name of taxing unit) may adopt without |
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162 | 162 | | holding an election to seek voter approval of the rate, unless the |
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163 | 163 | | adopted tax rate for (name of taxing unit) exceeds the petition |
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164 | 164 | | election tax rate for (name of taxing unit) and the voters of the |
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165 | 165 | | taxing unit petition for an election to reduce the tax rate under |
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166 | 166 | | Section 26.076, Tax Code."; |
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167 | 167 | | (3) add the following definition of "petition election |
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168 | 168 | | tax rate": "The petition election tax rate is the highest tax rate |
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169 | 169 | | (name of taxing unit) may adopt before the voters of the taxing unit |
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170 | 170 | | may petition for an election to reduce the tax rate under Section |
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171 | 171 | | 26.076, Tax Code."; and |
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172 | 172 | | (4) substitute the following for the provision that |
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173 | 173 | | provides notice that an election is not required: "The proposed tax |
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174 | 174 | | rate is not greater than the voter-approval tax rate. This means |
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175 | 175 | | that (name of taxing unit) is not required to hold an election so |
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176 | 176 | | that the voters may accept or reject the proposed tax rate. |
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177 | 177 | | However, the proposed tax rate exceeds the rate that allows voters |
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178 | 178 | | to petition for an election to reduce the tax rate under Section |
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179 | 179 | | 26.076, Tax Code. If (name of taxing unit) adopts the proposed tax |
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180 | 180 | | rate, the qualified voters of the (name of taxing unit) may petition |
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181 | 181 | | the (name of taxing unit) to require an election to be held to |
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182 | 182 | | determine whether to reduce the proposed tax rate. If a majority of |
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183 | 183 | | the voters reject the proposed tax rate, the tax rate of the (name |
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184 | 184 | | of taxing unit) will be the petition election tax rate of the (name |
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185 | 185 | | of taxing unit)." |
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186 | 186 | | Sec. 26.076. PETITION ELECTION TO REDUCE TAX RATE OF |
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187 | 187 | | HOSPITAL DISTRICT OR JUNIOR COLLEGE DISTRICT. (a) In this section, |
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188 | 188 | | "petition election tax rate" means a rate expressed in dollars per |
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189 | 189 | | $100 of taxable value calculated according to the following |
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190 | 190 | | formula: |
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191 | 191 | | PETITION ELECTION TAX RATE = (NO-NEW-REVENUE |
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192 | 192 | | MAINTENANCE AND OPERATIONS RATE x 1.035) + CURRENT |
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193 | 193 | | DEBT RATE |
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194 | 194 | | (b) This section applies only: |
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195 | 195 | | (1) to a taxing unit that is a hospital district or a |
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196 | 196 | | junior college district; and |
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197 | 197 | | (2) in a tax year in which a taxing unit to which this |
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198 | 198 | | section applies adopts a tax rate that: |
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199 | 199 | | (A) exceeds the taxing unit's petition election |
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200 | 200 | | tax rate; and |
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201 | 201 | | (B) does not exceed the taxing unit's voter |
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202 | 202 | | approval tax rate. |
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203 | 203 | | (c) The qualified voters of a taxing unit to which this |
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204 | 204 | | section applies by petition may require that an election be held to |
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205 | 205 | | determine whether to reduce the tax rate adopted by the governing |
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206 | 206 | | body of the taxing unit for the current tax year to the petition |
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207 | 207 | | election tax rate. |
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208 | 208 | | (d) A petition is valid only if the petition: |
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209 | 209 | | (1) states that it is intended to require an election |
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210 | 210 | | in the taxing unit on the question of reducing the taxing unit's |
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211 | 211 | | adopted tax rate for the current tax year; |
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212 | 212 | | (2) is signed by a number of registered voters of the |
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213 | 213 | | taxing unit equal to at least three percent of the registered voters |
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214 | 214 | | of the taxing unit determined according to the most recent list of |
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215 | 215 | | those voters; and |
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216 | 216 | | (3) is submitted to the governing body of the taxing |
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217 | 217 | | unit not later than the 90th day after the date on which the |
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218 | 218 | | governing body adopts the tax rate for the current tax year. |
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219 | 219 | | (e) Not later than the 20th day after the date on which a |
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220 | 220 | | petition is submitted, the governing body shall determine whether |
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221 | 221 | | the petition is valid and must by resolution state the governing |
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222 | 222 | | body's determination. If the governing body fails to make the |
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223 | 223 | | determination in the time and manner required by this subsection, |
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224 | 224 | | the petition is considered to be valid for the purposes of this |
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225 | 225 | | section. |
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226 | 226 | | (f) If the governing body determines that the petition is |
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227 | 227 | | valid or fails to make the determination in the time and manner |
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228 | 228 | | required by Subsection (e), the governing body shall order that an |
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229 | 229 | | election be held in the taxing unit on the next uniform election |
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230 | 230 | | date that allows sufficient time to comply with the requirements of |
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231 | 231 | | other law. |
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232 | 232 | | (g) At the election, the ballots shall be prepared to permit |
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233 | 233 | | voting for or against the proposition: "Reducing the tax rate in |
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234 | 234 | | (name of taxing unit) for the current year from (insert tax rate |
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235 | 235 | | adopted for current year) to (insert petition election tax rate)." |
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236 | 236 | | (h) If a majority of the votes cast in the election favor the |
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237 | 237 | | proposition, the tax rate for the current tax year is the petition |
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238 | 238 | | election tax rate. |
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239 | 239 | | (i) If the proposition is not approved as provided by |
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240 | 240 | | Subsection (h), the tax rate for the taxing unit for the current tax |
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241 | 241 | | year is the tax rate adopted by the governing body of the taxing |
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242 | 242 | | unit for the current tax year. |
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243 | 243 | | (j) If the tax rate is reduced by an election held under this |
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244 | 244 | | section after tax bills for the taxing unit have been mailed, the |
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245 | 245 | | assessor for the taxing unit shall prepare and mail corrected tax |
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246 | 246 | | bills. The assessor shall include with the bill a brief explanation |
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247 | 247 | | of the reason for and effect of the corrected bill. The date on |
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248 | 248 | | which the taxes become delinquent for the tax year is extended by a |
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249 | 249 | | number of days equal to the number of days between the date the |
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250 | 250 | | first tax bills were sent and the date the corrected tax bills were |
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251 | 251 | | sent. |
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252 | 252 | | (k) If a property owner pays taxes calculated using the |
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253 | 253 | | higher tax rate when the tax rate is reduced by an election held |
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254 | 254 | | under this section, the taxing unit shall refund the difference |
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255 | 255 | | between the amount of taxes paid and the amount due under the |
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256 | 256 | | reduced tax rate if the difference between the amount of taxes paid |
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257 | 257 | | and the amount due under the reduced tax rate is $1 or more. If the |
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258 | 258 | | difference between the amount of taxes paid and the amount due under |
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259 | 259 | | the reduced rate is less than $1, the taxing unit shall refund the |
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260 | 260 | | difference on request of the taxpayer. An application for a refund |
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261 | 261 | | of less than $1 must be made within 90 days after the date the refund |
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262 | 262 | | becomes due or the taxpayer forfeits the right to the refund. |
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263 | 263 | | SECTION 6. Sections 26.16(a), (d), and (d-1), Tax Code, are |
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264 | 264 | | amended to read as follows: |
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265 | 265 | | (a) Each county shall maintain an Internet website. The |
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266 | 266 | | county assessor-collector for each county shall post on the |
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267 | 267 | | Internet website maintained by the county the following information |
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268 | 268 | | for the most recent five tax years for each taxing unit all or part |
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269 | 269 | | of the territory of which is located in the county: |
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270 | 270 | | (1) the adopted tax rate; |
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271 | 271 | | (2) the maintenance and operations rate; |
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272 | 272 | | (3) the debt rate; |
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273 | 273 | | (4) the no-new-revenue tax rate; |
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274 | 274 | | (5) the no-new-revenue maintenance and operations |
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275 | 275 | | rate; [and] |
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276 | 276 | | (6) the voter-approval tax rate; and |
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277 | 277 | | (7) if applicable, the petition election tax rate. |
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278 | 278 | | (d) The county assessor-collector shall post immediately |
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279 | 279 | | below the table prescribed by Subsection (c) the following |
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280 | 280 | | statement: |
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281 | 281 | | "The county is providing this table of property tax rate |
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282 | 282 | | information as a service to the residents of the county. Each |
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283 | 283 | | individual taxing unit is responsible for calculating the property |
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284 | 284 | | tax rates listed in this table pertaining to that taxing unit and |
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285 | 285 | | providing that information to the county. |
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286 | 286 | | "The adopted tax rate is the tax rate adopted by the governing |
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287 | 287 | | body of a taxing unit. |
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288 | 288 | | "The maintenance and operations rate is the component of the |
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289 | 289 | | adopted tax rate of a taxing unit that will impose the amount of |
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290 | 290 | | taxes needed to fund maintenance and operation expenditures of the |
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291 | 291 | | taxing unit for the following year. |
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292 | 292 | | "The debt rate is the component of the adopted tax rate of a |
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293 | 293 | | taxing unit that will impose the amount of taxes needed to fund the |
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294 | 294 | | taxing unit's debt service for the following year. |
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295 | 295 | | "The no-new-revenue tax rate is the tax rate that would |
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296 | 296 | | generate the same amount of revenue in the current tax year as was |
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297 | 297 | | generated by a taxing unit's adopted tax rate in the preceding tax |
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298 | 298 | | year from property that is taxable in both the current tax year and |
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299 | 299 | | the preceding tax year. |
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300 | 300 | | "The no-new-revenue maintenance and operations rate is the |
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301 | 301 | | tax rate that would generate the same amount of revenue for |
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302 | 302 | | maintenance and operations in the current tax year as was generated |
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303 | 303 | | by a taxing unit's maintenance and operations rate in the preceding |
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304 | 304 | | tax year from property that is taxable in both the current tax year |
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305 | 305 | | and the preceding tax year. |
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306 | 306 | | "The voter-approval tax rate is the highest tax rate a taxing |
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307 | 307 | | unit may adopt before requiring voter approval at an election. An |
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308 | 308 | | election will automatically be held if a taxing unit wishes to adopt |
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309 | 309 | | a tax rate in excess of the taxing unit's voter-approval tax rate. |
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310 | 310 | | "The petition election tax rate is the highest tax rate a |
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311 | 311 | | taxing unit that is a hospital district or a junior college district |
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312 | 312 | | may adopt before the voters of the taxing unit may petition for an |
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313 | 313 | | election to reduce the tax rate under Section 26.076, Tax Code." |
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314 | 314 | | (d-1) In addition to posting the information described by |
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315 | 315 | | Subsection (a), the county assessor-collector shall post on the |
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316 | 316 | | Internet website of the county for each taxing unit all or part of |
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317 | 317 | | the territory of which is located in the county: |
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318 | 318 | | (1) the tax rate calculation forms used by the |
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319 | 319 | | designated officer or employee of each taxing unit to calculate the |
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320 | 320 | | no-new-revenue and voter-approval tax rates of the taxing unit for |
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321 | 321 | | the most recent five tax years beginning with the 2020 tax year and, |
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322 | 322 | | if applicable, the forms used to calculate the petition election |
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323 | 323 | | tax rates of the taxing unit for the most recent five tax years |
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324 | 324 | | beginning with the 2026 tax year, as certified by the designated |
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325 | 325 | | officer or employee under Section 26.04(d-2); and |
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326 | 326 | | (2) the name and official contact information for each |
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327 | 327 | | member of the governing body of the taxing unit. |
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328 | 328 | | SECTION 7. Sections 26.17(b) and (e), Tax Code, are amended |
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329 | 329 | | to read as follows: |
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330 | 330 | | (b) The database must include, with respect to each property |
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331 | 331 | | listed on the appraisal roll for the appraisal district: |
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332 | 332 | | (1) the property's identification number; |
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333 | 333 | | (2) the property's market value; |
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334 | 334 | | (3) the property's taxable value; |
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335 | 335 | | (4) the name of each taxing unit in which the property |
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336 | 336 | | is located; |
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337 | 337 | | (5) for each taxing unit other than a school district |
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338 | 338 | | in which the property is located: |
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339 | 339 | | (A) the no-new-revenue tax rate; [and] |
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340 | 340 | | (B) the voter-approval tax rate; and |
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341 | 341 | | (C) if applicable, the petition election tax |
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342 | 342 | | rate; |
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343 | 343 | | (6) for each school district in which the property is |
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344 | 344 | | located: |
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345 | 345 | | (A) the tax rate that would maintain the same |
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346 | 346 | | amount of state and local revenue per student that the district |
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347 | 347 | | received in the school year beginning in the preceding tax year; and |
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348 | 348 | | (B) the voter-approval tax rate; |
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349 | 349 | | (7) the tax rate proposed by the governing body of each |
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350 | 350 | | taxing unit in which the property is located; |
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351 | 351 | | (8) for each taxing unit other than a school district |
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352 | 352 | | in which the property is located, the taxes that would be imposed on |
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353 | 353 | | the property if the taxing unit adopted a tax rate equal to: |
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354 | 354 | | (A) the no-new-revenue tax rate; and |
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355 | 355 | | (B) the proposed tax rate; |
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356 | 356 | | (9) for each school district in which the property is |
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357 | 357 | | located, the taxes that would be imposed on the property if the |
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358 | 358 | | district adopted a tax rate equal to: |
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359 | 359 | | (A) the tax rate that would maintain the same |
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360 | 360 | | amount of state and local revenue per student that the district |
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361 | 361 | | received in the school year beginning in the preceding tax year; and |
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362 | 362 | | (B) the proposed tax rate; |
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363 | 363 | | (10) for each taxing unit other than a school district |
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364 | 364 | | in which the property is located, the difference between the amount |
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365 | 365 | | calculated under Subdivision (8)(A) and the amount calculated under |
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366 | 366 | | Subdivision (8)(B); |
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367 | 367 | | (11) for each school district in which the property is |
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368 | 368 | | located, the difference between the amount calculated under |
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369 | 369 | | Subdivision (9)(A) and the amount calculated under Subdivision |
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370 | 370 | | (9)(B); |
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371 | 371 | | (12) the date, time, and location of the public |
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372 | 372 | | hearing, if applicable, on the proposed tax rate to be held by the |
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373 | 373 | | governing body of each taxing unit in which the property is located; |
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374 | 374 | | (13) the date, time, and location of the public |
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375 | 375 | | meeting, if applicable, at which the tax rate will be adopted to be |
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376 | 376 | | held by the governing body of each taxing unit in which the property |
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377 | 377 | | is located; and |
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378 | 378 | | (14) for each taxing unit in which the property is |
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379 | 379 | | located, an e-mail address at which the taxing unit is capable of |
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380 | 380 | | receiving written comments regarding the proposed tax rate of the |
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381 | 381 | | taxing unit. |
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382 | 382 | | (e) The officer or employee designated by the governing body |
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383 | 383 | | of each taxing unit in which the property is located to calculate |
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384 | 384 | | the no-new-revenue tax rate, [and] the voter-approval tax rate, |
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385 | 385 | | and, if applicable, the petition election tax rate for the taxing |
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386 | 386 | | unit must electronically incorporate into the database: |
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387 | 387 | | (1) the information described by Subsections (b)(5), |
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388 | 388 | | (6), (7), (12), and (13), as applicable, as the information becomes |
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389 | 389 | | available; and |
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390 | 390 | | (2) the tax rate calculation forms prepared under |
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391 | 391 | | Section 26.04(d-1) at the same time the designated officer or |
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392 | 392 | | employee submits the tax rates to the governing body of the taxing |
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393 | 393 | | unit under Section 26.04(e). |
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394 | 394 | | SECTION 8. Section 31.12(b), Tax Code, is amended to read as |
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395 | 395 | | follows: |
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396 | 396 | | (b) For purposes of this section, liability for a refund |
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397 | 397 | | arises: |
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398 | 398 | | (1) if the refund is required by Section 11.431(b), on |
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399 | 399 | | the date the chief appraiser notifies the collector for the taxing |
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400 | 400 | | unit of the approval of the late homestead exemption; |
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401 | 401 | | (2) if the refund is required by Section 26.07(g), |
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402 | 402 | | [or] 26.075(k), or 26.076(k), on the date the results of the |
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403 | 403 | | election to approve or reduce the tax rate, as applicable, are |
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404 | 404 | | certified; |
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405 | 405 | | (3) if the refund is required by Section 26.15(f): |
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406 | 406 | | (A) for a correction to the tax roll made under |
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407 | 407 | | Section 26.15(b), on the date the change in the tax roll is |
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408 | 408 | | certified to the assessor for the taxing unit under Section 25.25; |
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409 | 409 | | or |
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410 | 410 | | (B) for a correction to the tax roll made under |
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411 | 411 | | Section 26.15(c), on the date the change in the tax roll is ordered |
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412 | 412 | | by the governing body of the taxing unit; |
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413 | 413 | | (4) if the refund is required by Section 31.11, on the |
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414 | 414 | | date the auditor for the taxing unit determines that the payment was |
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415 | 415 | | erroneous or excessive or, if the amount of the refund exceeds the |
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416 | 416 | | applicable amount specified by Section 31.11(a), on the date the |
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417 | 417 | | governing body of the taxing unit approves the refund; |
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418 | 418 | | (5) if the refund is required by Section 31.111, on the |
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419 | 419 | | date the collector for the taxing unit determines that the payment |
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420 | 420 | | was erroneous; or |
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421 | 421 | | (6) if the refund is required by Section 31.112, on the |
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422 | 422 | | date required by Section 31.112(d) or (e), as applicable. |
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423 | 423 | | SECTION 9. Section 33.08(b), Tax Code, is amended to read as |
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424 | 424 | | follows: |
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425 | 425 | | (b) The governing body of the taxing unit or appraisal |
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426 | 426 | | district, in the manner required by law for official action, may |
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427 | 427 | | provide that taxes that become delinquent on or after June 1 under |
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428 | 428 | | Section 26.075(j), 26.076(j), 26.15(e), 31.03, 31.031, 31.032, |
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429 | 429 | | 31.033, 31.04, or 42.42 incur an additional penalty to defray costs |
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430 | 430 | | of collection. The amount of the penalty may not exceed the amount |
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431 | 431 | | of the compensation specified in the applicable contract with an |
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432 | 432 | | attorney under Section 6.30 to be paid in connection with the |
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433 | 433 | | collection of the delinquent taxes. |
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434 | 434 | | SECTION 10. Section 281.107(j), Health and Safety Code, is |
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435 | 435 | | amended to read as follows: |
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436 | 436 | | (j) The portion of the rate of ad valorem tax that is to be |
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437 | 437 | | levied and assessed each year by or for the district that is |
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438 | 438 | | allocated by the district to the payment of the principal of and the |
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439 | 439 | | interest on bonds and other obligations or the maintenance of |
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440 | 440 | | reserves therefor in accordance with this section shall be applied |
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441 | 441 | | as a payment on current debt in calculating the current debt rate |
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442 | 442 | | under the applicable voter-approval tax rate and petition election |
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443 | 443 | | tax rate provisions of Chapter 26, Tax Code. |
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444 | 444 | | SECTION 11. Sections 281.124(d) and (e), Health and Safety |
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445 | 445 | | Code, are amended to read as follows: |
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446 | 446 | | (d) If a majority of the votes cast in the election favor the |
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447 | 447 | | proposition, the tax rate for the specified tax year is the rate |
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448 | 448 | | approved by the voters, and that rate is not subject to Section |
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449 | 449 | | 26.07 or 26.076, Tax Code. The board shall adopt the tax rate as |
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450 | 450 | | provided by Chapter 26, Tax Code. |
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451 | 451 | | (e) If the proposition is not approved as provided by |
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452 | 452 | | Subsection (d), the board may not adopt a tax rate for the district |
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453 | 453 | | for the specified tax year that exceeds the rate that was not |
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454 | 454 | | approved, and: |
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455 | 455 | | (1) Section 26.07, Tax Code, applies to the adopted |
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456 | 456 | | rate if that rate exceeds the district's voter-approval tax rate; |
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457 | 457 | | and |
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458 | 458 | | (2) Section 26.076, Tax Code, applies to the adopted |
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459 | 459 | | tax rate if that rate exceeds the district's petition election tax |
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460 | 460 | | rate. |
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461 | 461 | | SECTION 12. This Act applies only to an ad valorem tax year |
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462 | 462 | | that begins on or after the effective date of this Act. |
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463 | 463 | | SECTION 13. This Act takes effect January 1, 2026. |
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